A/HRC/30/42
79.
The contribution of civil society organizations to transitional processes has
been analysed is various ways, including regarding their advocacy function, their
crucial role in collecting and preserving evidence, their monitoring functions and
their reconciliation initiatives. All of these are crucial. H owever, in the present
report, the Special Rapporteur concentrates on a more prevention-specific argument.
He presents a series of initiatives that may enhance the preventive potential of civil
society, ordered by degree of ambitiousness and complexity, showing how this
potential, in many ways, is a manifestation of a “power of aggregation” that
counteracts the “disarticulating power” of terror and that works by lowering the costs
of raising claims.
A.
Ceasing attacks and threats and removing obstacles
80.
One of the simplest ways of enabling civil society to contribute to preventive
work is simply to refrain from persecuting, intimidating and harassing civil society
representatives, including human rights defenders. 48
81.
Another step is to remove many of the legal and practical barriers that have
been placed on civil society with increased frequency in the recent past. According
to one report, “between 2004 and 2010, more than 50 countries considered or
enacted measures restricting civil society. Since 2012, more than 90 laws
constraining the freedoms of association or assembly have been proposed or
enacted.” 49 These laws introduce obstacles of various types, such as barriers to
operational activity, free speech and advocacy, contact and communication, peace ful
assembly and access to funding.
82.
Such strong governmental interest in hampering the work of civil society
confirms yet again the importance of the latter. This consolation, however, does not
make up for the different kinds of risks and privations that these obstacles generate,
including violations of the right to physical integrity and the weakening of
monitoring and advocacy capacities to prevent violations.
B.
Legal empowerment
83.
A more proactive way of strengthening civil society is to estab lish
programmes targeted at the community level, focusing on those who have
traditionally been excluded from the protection of the law, particularly women, with
the specific aim of facilitating the use of the law, the legal system and legal services
to advance their own rights, promote government accountability and resolve local
disputes.
84.
Legal empowerment can contribute to restoring the sense of agency of control
over one’s life that mass violations erode. These initiatives have also acted as a
catalyst for social organizations and led to the enhanced ability, confidence and
willingness of individuals and communities to participate in sociopolitical processes,
including transitional justice mechanisms. This empowerment typically also brings
with it a more assertive attitude of civil society actors to prevent violations in the
future by enforcing their rights more confidently.
48
49
See A/HRC/25/55.
See Douglas Rutzen, “Aid barriers and the rise of philanthropic protectionism”, International Journal
of Not-for-Profit Law. vol. 17, no. 1, p. 7 (March 2015).
19
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